The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has cautioned Parliament it does not have the power to control the process of admission into the Ghana School of Law through the use of Parliamentary resolutions.
He pointed out that the mode of exercising legislative power enshrined in Article 106 of the Constitution does not admit resolution.
He contends that the power to regulate the admission of students leading to qualification as lawyers and to hold examinations that may include preliminary, intermediate and final examinations has been vested in the General Legal Council (GLC) in accordance with section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32).
In a rejoinder responding to a resolution that Parliament passed last week that directed the GLC to admit the 499 aggrieved candidates, the Attorney General noted that it is the Executive, through the Minister responsible for the GLC, and not the Legislature, that can direct and advise the Council on major matters of national importance.
“In this regard, it is pertinent to indicate that by a letter dated 18th October, 2021 received at my office on 21st October, 2021, His Excellency the President forwarded the contents of a petition by the “499 candidates to me for my comments in order to enable him to respond. Another petition dated 20th October, 2021 by the National Association of Law Students was also delivered to the President.”
“Upon delivery of my comments on the matters raised in both petitions and following further consultations with my good self, by a letter dated 26th October, 2021 (three clear days before the resolution of Parliament), received at my office on 27th October, 2021, the President directed me to, pursuant to section 1(5) of Act 32, “… make the necessary intervention to the General Legal Council, on behalf of the 499 students, to address the issue .…”
“Within the constraints of the law, I am following up on the directive of the President to make the necessary interventions on behalf of the “499 students”,” the letter stated.
Read the full text of the rejoinder below:
RE: PARLIAMENTARY RESOLUTION DIRECTING THE GENERAL LEGAL COUNCIL TO ADMIT 499 CANDIDATES
Respectfully, I am aware of a resolution passed by Parliament at its sitting on Friday, 29th October, 2021 in these terms: “… The General Legal Council is hereby directed to proceed and admit all the students who passed in accordance with the advertised rules of the examinations…
The Attorney-General is the leader of the bar in Ghana and he must see to it that the directive that 499 students who scored 50 marks are admitted is complied with. We do not want to get to contempt of Parliament issues.”
Whilst recognising the general legislative powers of Parliament in Ghana, except as have been circumscribed by the Constitution, I am constrained to advise that Parliament is devoid of power through the use of Parliamentary resolutions, to control the process of admission into the Ghana School of Law. The mode of exercising legislative power enshrined in article 106 of the Constitution does not admit of resolutions.
In accordance with section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32), the power to regulate the admission of students to pursue courses of instruction leading to qualification as lawyers and to hold examinations which may include preliminary, intermediate and final examinations has been vested in the General Legal Council.
It is correct that section 1(5) of Act 32 stipulates thus:
“The Council shall in the performance of their functions comply with any general directions given by the Minister”.
In my respectful opinion, this provision underscores the capacity of the Executive not the Legislature, through the Minister responsible for the General Legal Council, i.e. the Attorney-General and Minister for Justice, to direct and advise the Council on major matters of national importance.
In this regard, it is pertinent to indicate that by a letter dated 18th October, 2021 received at my office on 21st October, 2021, His Excellency the President forwarded the contents of a petition by the “499 candidates to me for my comments in order to enable him to respond. Another petition dated 20th October, 2021 by the National Association of Law Students was also delivered to the President.
Upon delivery of my comments on the matters raised in both petitions and following further consultations with my good self, by a letter dated 26th October, 2021 (three clear days before the resolution of Parliament), received at my office on 27th October, 2021, the President directed me to, pursuant to section 1(5) of Act 32, “… make the necessary intervention to the General Legal Council, on behalf of the 499 students, to address the issue…
Within the constraints of the law, I am following up on the directive of the President to make the necessary interventions on behalf of the “499 students”.
Be that as it may, it is imperative to correct a few erroneous impressions contained in the impugned Parliamentary resolution of 29th October, 2021.
1. The notice in the Daily Graphic of 14th May, 2021 inviting applications from suitably qualified Ghanaians for admission into the Ghana School of Law did not state a pass mark of fifty per cent (50%) or any at all as a basis for admission. The notice stated that applicants may be granted admission if they have passed the entrance examination conducted by the GLC.
The notice also did not state the manner in which a pass mark set by the GLC would be determined.
It is clear, therefore, that, a contention that the “originally announced” or “advertised” pass mark was “50%”, is erroneous and insupportable.
2. In so far as any matter bordering on a “pass mark” is concerned, the notice in the Daily Graphic stated as follows:
“E. ADMISSION PROCEDURE 5. The admission process is as follows:
(i) The General Legal Council determines the number of candidates to be admitted to the Professional Law Course for the academic year.
(ii) Applicants may be granted admission if they have passed the written examinations organized by the General Legal Council for the 20221/2022 Academic Year, on payment of the required fee and submission of the application form and all supporting documents required online.
(iii) Eligible candidates who attain the minimum threshold mark set by the General Legal Council will be offered admission for the 2021/2022/ Academic Year to pursue the Professional Law Course.”
3. The GLC’s notice was hinged on section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32) which empower the GLC to regulate the admission of students to pursue courses of instruction leading to qualification as lawyers and to hold examinations which may include preliminary, intermediate and final examinations.
I hope the contents hereof clarify the limits of the powers of Parliament in the matter of regulation of admission into the Ghana School of Law.
Please accept the assurances of my highest consideration.
Yours faithfully,
GODFRED YEBOAH DAME ATTORNEY-GENERAL & MINISTER FOR JUSTICE
Cc: 1. The Chairman, General Legal Council, Accra.
The Majority Leader and Minister for Parliamentary Affairs, Parliament of Ghana, Accra.
Source: Mypublisher24.com
